Gender self-identification is the concept that a person's
legal sex
Legal gender, or legal sex, is a sex or gender that is recognized under the law. Biological sex, sex reassignment therapy, sex reassignment and gender identity are used to determine legal gender. The details vary by jurisdiction.
History
In E ...
or gender should be determined by their
gender identity
Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the i ...
without any medical requirements, such as via
statutory declaration.
It is a major goal of the
transgender rights movement
The transgender rights movement is a movement to promote the legal status of transgender people and to eliminate discrimination and violence against transgender people regarding housing, employment, public accommodations, education, and health ...
.
Advocates of self-identification say that medical requirements could force trans people into undergoing surgery, are intrusive and humiliating gatekeeping
A gatekeeper is a person who controls access to something, for example via a city gate or bouncer, or more abstractly, controls who is granted access to a category or status. Gatekeepers assess who is "in or out", in the classic words of manage ...
, and that self-identification would make it easier for transgender
A transgender (often abbreviated as trans) person is someone whose gender identity or gender expression does not correspond with their sex assigned at birth. Many transgender people experience dysphoria, which they seek to alleviate through tr ...
people to live day-to-day without prejudice. Advocates also argue that there is no evidence that such laws have caused problems in countries where they have been introduced, such as in Ireland
Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
, where it was introduced in 2015. Self-identification is opposed by some feminists, who consider safety in places like refuges and prisons, and fairness in sports, to be adversely affected, Opponents also consider affirmation of self-identification in children with gender dysphoria to set them on a path of medical gender transition.[
gender self-identification, where no judge or medical expert are involved, is part of the law in 18 countries: ]Argentina
Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country in the southern half of South America. Argentina covers an area of , making it the second-largest country in South America after Brazil, th ...
, Belgium
Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to th ...
, Brazil
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
, Chile
Chile, officially the Republic of Chile, is a country in the western part of South America. It is the southernmost country in the world, and the closest to Antarctica, occupying a long and narrow strip of land between the Andes to the east a ...
, Colombia
Colombia (, ; ), officially the Republic of Colombia, is a country in South America with insular regions in North America—near Nicaragua's Caribbean coast—as well as in the Pacific Ocean. The Colombian mainland is bordered by the Car ...
, Costa Rica
Costa Rica (, ; ; literally "Rich Coast"), officially the Republic of Costa Rica ( es, República de Costa Rica), is a country in the Central American region of North America, bordered by Nicaragua to the north, the Caribbean Sea to the no ...
, Denmark
)
, song = ( en, "King Christian stood by the lofty mast")
, song_type = National and royal anthem
, image_map = EU-Denmark.svg
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Danish Realm, Kingdom of Denmark
...
, Ecuador
Ecuador ( ; ; Quechua: ''Ikwayur''; Shuar: ''Ecuador'' or ''Ekuatur''), officially the Republic of Ecuador ( es, República del Ecuador, which literally translates as "Republic of the Equator"; Quechua: ''Ikwadur Ripuwlika''; Shuar: ''Eku ...
, Iceland
Iceland ( is, Ísland; ) is a Nordic island country in the North Atlantic Ocean and in the Arctic Ocean. Iceland is the most sparsely populated country in Europe. Iceland's capital and largest city is Reykjavík, which (along with its s ...
, Ireland
Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
, Luxembourg
Luxembourg ( ; lb, Lëtzebuerg ; french: link=no, Luxembourg; german: link=no, Luxemburg), officially the Grand Duchy of Luxembourg, ; french: link=no, Grand-Duché de Luxembourg ; german: link=no, Großherzogtum Luxemburg is a small lan ...
, Malta
Malta ( , , ), officially the Republic of Malta ( mt, Repubblika ta' Malta ), is an island country in the Mediterranean Sea. It consists of an archipelago, between Italy and Libya, and is often considered a part of Southern Europe. It lies ...
, New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
, Norway
Norway, officially the Kingdom of Norway, is a Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of Jan Mayen and t ...
, Pakistan
Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
, Portugal
Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of ...
, Switzerland
). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
and Uruguay
Uruguay (; ), officially the Oriental Republic of Uruguay ( es, República Oriental del Uruguay), is a country in South America. It shares borders with Argentina to its west and southwest and Brazil to its north and northeast; while bordering ...
. Proposals to introduce it have proved controversial in some countries, such as Spain
, image_flag = Bandera de España.svg
, image_coat = Escudo de España (mazonado).svg
, national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond")
, national_anthem = (English: "Royal March")
, i ...
and the United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
.[ Within countries organised as federations, such as ]Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
, Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
and Mexico
Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...
, legal gender recognition may principally fall under sub-national jurisdiction, and so may vary from province to province. Within a single jurisdiction, legal gender recognition procedures can be different for different documents, such as birth certificates or passports, and is not always the sole determinant of gender recognition in day-to-day life, such as in healthcare, access to facilities, or in personal relations. Third gender
Third gender is a concept in which individuals are categorized, either by themselves or by society, as neither man nor woman. It is also a social category present in societies that recognize three or more genders. The term ''third'' is usually ...
self-determination is available in India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
and Nepal
Nepal (; ne, नेपाल ), formerly the Federal Democratic Republic of Nepal ( ne,
सङ्घीय लोकतान्त्रिक गणतन्त्र नेपाल ), is a landlocked country in South Asia. It is mai ...
.
Positions of international bodies
In April 2015, the Parliamentary Assembly of the Council of Europe
The Parliamentary Assembly of the Council of Europe (PACE) is the parliamentary arm of the Council of Europe, a 46-nation international organisation dedicated to upholding human rights, democracy and the rule of law.
The Assembly is made up o ...
adopted Resolution 2048 (2015), within which "the Assembly calls on Member States to ... develop quick, transparent and accessible procedures, based on self-determination ... available for all people who seek to use them, irrespective of age, medical status, financial situation or police record". In 2015, the stated that "abusive requirements as a precondition of recognition — for example, by requiring ... forced gender reassignment and other medical procedures" are "in violation of international human rights standards" and in 2018, Victor Madrigal-Borloz
Victor Madrigal-Borloz is a Costa Rican lawyer. He currently serves as the UN Independent Expert on Protection against violence and discrimination based on sexual orientation and gender identity, since 2018. During his tenure at the U.N., Madrigal ...
, the , stated that "the right to self-determine one's gender was a fundamental part of a person's freedom and a cornerstone of the person’s identity" and that states' obligations included "adopting legal measures such as being based on self-determination ndensuring that minors have access to recognition of their gender identity".
Positions of international charities
In 2014, Amnesty International
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
released a report titled ''The state decides who I am: Lack of Legal Gender Recognition For Transgender People in Europe''. In the report, Amnesty argued that many European countries had legal gender recognition laws that were based on stereotypical gender norms and that violated individuals' rights to "private and family life, to recognition before the law, to highest attainable standard of health and to be free from cruel, inhuman and degrading treatments without discrimination on
grounds of gender identity and expression." The report further argued that "transgender people should be able to obtain legal gender recognition through quick, accessible and transparent procedures and in accordance with their own perceptions of gender identity."
To mark Transgender Awareness Week
Transgender Awareness Week, observed November 13 to November 19, is a one-week celebration leading up to the Transgender Day of Remembrance (TDoR), which memorializes victims of transphobic violence. TDoR occurs annually on November 20, when tra ...
in November 2019, multinational law firm Dentons
Dentons is the largest multinational law firm in the world. Dentons was ranked as the world's 4th- largest law firm by revenue, with $2.9B gross revenue by Global 200 ranking in the fiscal year 2021. The firm is called Dentons in all languages o ...
produced a report titled ''Only adults? Good practices in legal gender recognition for youth'', written along with IGLYO
The International Lesbian, Gay, Bisexual, Transgender, Queer & Intersex Youth and Student Organisation (IGLYO) is an international LGBTQI organisation that was created in 1984 as a reaction to the need for better cooperation among regional, local ...
, an international network of LGBT+ student and youth organisations, and the Thomson Reuters Foundation
Thomson Reuters Foundation is a London-based charitable arm of Thomson Reuters, a Canadian news conglomerate. The Foundation is registered as a charity in the United States and United Kingdom and is headquartered in Canary Wharf, London.
Anton ...
. The report examined the status of legal gender recognition for minors in several European countries, and describes itself as a "powerful tool for activists". Based on international human rights standards, the report argued that people under the age of 18 should have the right to legal gender recognition based on self-declaration, that a third gender marker should be recognised, that trans healthcare should be publicly accessible, and that discrimination based on gender identity should be illegal. The report also examined campaigns to reform legal gender recognition laws in those countries, arguing that the most successful techniques included targeting younger politicians and political parties' youth wings, emphasising the depathologisation and human rights aspects of reform, the use of individuals' stories to humanise the campaign, intervening early in the political process, and strong collaboration between groups. The report advises to "tie your campaign to a more popular reform" and continues: "This provided a veil of protection, particularly in Ireland, where marriage equality was strongly supported, but gender identity remained a more difficult issue to win public support for." The report recommends avoiding being in the news, as in Ireland where campaigners "directly lobbied individual politicians and tried to keep press coverage to a minimum".
Around the world
Africa
Although there is no current legislation on legal gender recognition in Botswana, in the 2017 '' ND v Attorney General of Botswana and Another'' case, the High Court of Botswana
The High Court of Botswana is the highest court of Botswana. It is based in Gaborone with branches in Lobatse, Francistown, and Maun. It operates above the Magistrates' Courts of Botswana, but below the Appeal Court. The High Court is headed by ...
ruled that the government should "ensure that procedures exist whereby all State-issued identity documents which indicate a person’s gender/sex reflect the person’s self-identified gender identity."
The Americas
A 2018 study in BMC International Health and Human Rights
BioMed Central (BMC) is a United Kingdom-based, for-profit scientific open access publisher that produces over 250 scientific journals. All its journals are published online only. BioMed Central describes itself as the first and largest open ...
found that "the majority of countries from South America allow their transgender citizens to change name and gender in legal documents with a fast, easy and inexpensive manner" and that "legislation to protect exual and gender minorityrights in South America have undergone fundamental and positive transformations" in the 2010s. However, the study also found that "transgender people are unable to change their gender in public records and legal documents in several Latin America and the Caribbean countries – mostly in the Caribbean and Mesoamerica." Argentina
Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country in the southern half of South America. Argentina covers an area of , making it the second-largest country in South America after Brazil, th ...
, Brazil
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
, Chile
Chile, officially the Republic of Chile, is a country in the western part of South America. It is the southernmost country in the world, and the closest to Antarctica, occupying a long and narrow strip of land between the Andes to the east a ...
, Colombia
Colombia (, ; ), officially the Republic of Colombia, is a country in South America with insular regions in North America—near Nicaragua's Caribbean coast—as well as in the Pacific Ocean. The Colombian mainland is bordered by the Car ...
, Costa Rica
Costa Rica (, ; ; literally "Rich Coast"), officially the Republic of Costa Rica ( es, República de Costa Rica), is a country in the Central American region of North America, bordered by Nicaragua to the north, the Caribbean Sea to the no ...
, Ecuador
Ecuador ( ; ; Quechua: ''Ikwayur''; Shuar: ''Ecuador'' or ''Ekuatur''), officially the Republic of Ecuador ( es, República del Ecuador, which literally translates as "Republic of the Equator"; Quechua: ''Ikwadur Ripuwlika''; Shuar: ''Eku ...
and Uruguay
Uruguay (; ), officially the Oriental Republic of Uruguay ( es, República Oriental del Uruguay), is a country in South America. It shares borders with Argentina to its west and southwest and Brazil to its north and northeast; while bordering ...
have self-identification laws, as well as several Canadian provinces and Mexican and American states.[
]
Argentina
In 2012, the Ley de Género made Argentina the "only country that allows people to change their gender identities without facing barriers such as hormone therapy
Hormone therapy or hormonal therapy is the use of hormones in medical treatment. Treatment with hormone antagonists may also be referred to as hormonal therapy or antihormone therapy. The most general classes of hormone therapy are oncologic horm ...
, surgery
Surgery ''cheirourgikē'' (composed of χείρ, "hand", and ἔργον, "work"), via la, chirurgiae, meaning "hand work". is a medical specialty that uses operative manual and instrumental techniques on a person to investigate or treat a pat ...
or psychiatric diagnosis that labels them as having an abnormality". In 2015, the World Health Organization
The World Health Organization (WHO) is a specialized agency of the United Nations responsible for international public health. The WHO Constitution states its main objective as "the attainment by all peoples of the highest possible level of h ...
cited Argentina as an exemplary country for providing transgender rights.
A 2018 paper in the Journal of Human Rights
The ''Journal of Human Rights'' is a quarterly peer-reviewed academic journal covering human rights studies and practices, and natural and legal rights in context of national and international law, and international relations. It is published by ...
analysing the factors that lead to the creation of the law found that "more institutionalized group played a major role in getting the issue on the agenda, while a more radical challenger coalition was crucial in developing and advancing the ground-breaking content."
Bolivia
The Gender Identity law allows individuals over 18 to legally change their name, gender and photography on legal documents. No surgeries, hormone therapy or judicial order are required, nevertheless, a psychological examination attesting that the petitioner consents the decision is required. The law took effect on 1 August 2016.
Brazil
The Supreme Federal Court
The Supreme Federal Court ( pt, Supremo Tribunal Federal, , abbreviated STF) is the supreme court (court of last resort) of Brazil, serving primarily as the Constitutional Court of the country. It is the highest court of law in Brazil for consti ...
ruled on March 1, 2018, that a transgender person has the right to change their official name and sex without the need of surgery or professional evaluation, just by self-declaration of their psychosocial identity. On June 29, the Corregedoria Nacional de Justiça, a body of the National Justice Council
The National Justice Council ( pt, Conselho Nacional de Justiça ) is an organ of the Brazilian Judicial System created in 2004 by a Constitutional Amendment, as a part of the Judicial Reform. The 15-member Council was established in 2004 by the 45 ...
published the rules to be followed by registry offices concerning the subject.
Canada
As Canada is a federation, legal gender recognition procedures vary from province to province. At the federal level, Canadians can apply to have the gender marker on their passports changed via self-identification.
In Québec, the legal recognition process has worked on an affidavit process since 2015. In 2021, however, the Coalition Avenir Québec government introduced Bill 2, which would re-introduce a requirement for surgical procedures. After that provision provoked heavy controversy, Québec Minister of Justice Simon Jolin-Barrette
Simon Jolin-Barrette is a Canadian lawyer and politician in Quebec, Jolin-Barrette (born 1987) was elected to the National Assembly of Quebec in the 2014 Quebec election. He represents the riding of Borduas as a member of the Coalition Ave ...
announced that he would be withdrawing that requirement from the bill.
In 2017, Newfoundland and Labrador abolished the medical letter requirement, moving a self-declaration process. In 2018, Alberta changed its legal gender recognition laws to allow people to self-declare their legal gender through an affidavit
An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statemen ...
, eliminating the requirement for a letter from a psychiatrist. In 2019, Nova Scotia moved to an affidavit process, eliminating the medical letter requirement. In 2022, British Columbia eliminated the medical letter requirement for legal gender changes for adults.
There still remains barriers to legal gender recognition for people born outside of Canada. As of October 2021, half of the provinces (Alberta, British Columbia, Prince Edward Island, Ontario, and Saskatchewan), and all territories, do not offer anyone not born there the ability to change their legal gender. In November 2020, refugee claimants became able to change their legal gender federally. In March 2021, temporary residents were afforded the same right (without requiring a change to their passport).
Chile
Since 2019, the Gender Identity Law (21,120) recognizes the right to self-perceived gender identity
Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the i ...
, allowing transgender people over 14 years to change their name and gender on all official documents without prohibitive requirements. For persons over 18 years of age, the change is requested by submitting a request to the Civil Registry and Identification Service, without being required to prove hormone replacement therapy, undergo sex reassignment surgery or any medical requirements. Children under 18 and over 14 years old must complete the process before family courts and have the permission and support of their representatives. Although the request for minors does not include medical reports, it does require that it have to be accompanied by background information on the psychosocial and family context. The Law guarantees as basic principles non-pathologization, non-arbitrary discrimination, confidentiality, dignity in treatment, the best interests of the child and progressive autonomy.
Colombia
Since 2015, transgender people may change their legal gender and name manifesting their solemn will before a notary, no surgeries or judicial order required. The Colombian Government issued Decree 1227 on June 04, 2015 to simplify the process by which adults over 18 can legally change their gender. The decree, signed by the Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
Lists of current ministries of justice
Named "Ministry"
* Ministry of Justice (Abkhazia)
* Ministry of Justice (Afghanistan)
* Ministry of Just ...
and the Ministry of the Interior
An interior ministry (sometimes called a ministry of internal affairs or ministry of home affairs) is a government department that is responsible for internal affairs.
Lists of current ministries of internal affairs
Named "ministry"
* Ministry ...
, says the gender change is justified by a person's individual choice; it eliminates the requirement for psychiatric or physical examinations.
Costa Rica
In 2016, a bill allowing transgender people to legally change their name and gender without the need for surgery or judicial permission was introduced to the Legislative Assembly. In June 2017, the bill advanced to the Human Rights Committee, and the Supreme Electoral Tribunal endorsed the bill, but it was ultimately unsuccessful.
Following a January 2018 Inter-American Court of Human Rights
The Inter-American Court of Human Rights (IACHR or IACtHR) is an international court based in San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it was formed by the American Convention on Human Rights, a huma ...
ruling and the 2018 Costa Rican general election
General elections were held in Costa Rica in 2018 to elect both the President and Legislative Assembly. The first round of the presidential election was held on 4 February 2018, with the two highest-ranked candidates being Christian singer an ...
, President Carlos Alvarado Quesada
Carlos Andrés Alvarado Quesada (; born 14 January 1980) is a Costa Rican politician, writer, journalist and political scientist who served as the 48th president of Costa Rica from 8 May 2018 to 8 May 2022. A member of the Citizens' Action P ...
issued an executive decree requiring all state institutions to modify the documents and internal records of transgender people who wish to have their name, photograph or sex changed according to self-declaration. The decree applies to passports, driving licenses, ID documents, work permits, university identification, etc. In December 2018, Alvarado signed another executive order extending this right to immigrants
Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, and ...
.
Ecuador
Since 2016, Ecuadorians are allowed to change their “sex” marker in the personal identity document for a “gender” marker as masculine or feminine. The person who wants to change the word "sex" for "gender" in the identity card shall present two witnesses to accredit the self-determination of the applicant. To change the “sex” marker in the civil registry, they must have a judicial order.
Mexico
As Mexico is a federation, legal gender recognition procedures vary from state to state.
On 13 November 2014, the Legislative Assembly of Mexico City
The Mexico City Congress ( es, Congreso de la Ciudad de México, ALCDMX) is the legislative branch of government of Mexico City. Between 1988 and 1993, it was known as the Assembly of Representatives of the Federal District ( es, Asamblea de Re ...
unanimously (46–0) approved a gender identity law. The law makes it easier for transgender people to change their legal gender. Under the new law, they simply have to notify the Civil Registry that they wish to change the gender information on their birth certificates. Sex reassignment surgery
Gender-affirming surgery (GAS) is a surgical procedure, or series of procedures, that alters a transgender or transsexual person's physical appearance and sexual characteristics to resemble those associated with their identified gender, and alle ...
, psychological therapies or any other type of diagnosis are no longer required. The law took effect in early 2015. 19 other states have followed suit. These states include: Michoacán
Michoacán, formally Michoacán de Ocampo (; Purépecha: ), officially the Free and Sovereign State of Michoacán de Ocampo ( es, Estado Libre y Soberano de Michoacán de Ocampo), is one of the 32 states which comprise the Federal Entities of ...
(2017), Nayarit
Nayarit (), officially the Free and Sovereign State of Nayarit ( es, Estado Libre y Soberano de Nayarit), is one of the 31 states that, along with Mexico City, comprise the Federal Entities of Mexico. It is divided in 20 municipalities and its ...
(2017), Coahuila
Coahuila (), formally Coahuila de Zaragoza (), officially the Free and Sovereign State of Coahuila de Zaragoza ( es, Estado Libre y Soberano de Coahuila de Zaragoza), is one of the 32 states of Mexico.
Coahuila borders the Mexican states of N ...
(2018), Hidalgo
Hidalgo may refer to:
People
* Hidalgo (nobility), members of the Spanish nobility
* Hidalgo (surname)
Places
Mexico
* Hidalgo (state), in central Mexico
* Hidalgo, Coahuila, a town in the north Mexican state of Coahuila
* Hidalgo, Nuevo Le ...
(2019), San Luis Potosí
San Luis Potosí (), officially the Free and Sovereign State of San Luis Potosí ( es, Estado Libre y Soberano de San Luis Potosí), is one of the 32 states which compose the Federal Entities of Mexico. It is divided in 58 municipalities and i ...
(2019), Colima
Colima (), officially the Free and Sovereign State of Colima ( es, Estado Libre y Soberano de Colima), is one of the 31 states that make up the Political divisions of Mexico, 32 Federal Entities of Mexico. It shares its name with its capital and ...
(2019), Oaxaca
Oaxaca ( , also , , from nci, Huāxyacac ), officially the Free and Sovereign State of Oaxaca ( es, Estado Libre y Soberano de Oaxaca), is one of the 32 states that compose the political divisions of Mexico, Federative Entities of Mexico. It is ...
(2019), Tlaxcala
Tlaxcala (; , ; from nah, Tlaxcallān ), officially the Free and Sovereign State of Tlaxcala ( es, Estado Libre y Soberano de Tlaxcala), is one of the 32 states which comprise the Federal Entities of Mexico. It is divided into 60 municipaliti ...
(2019), Chihuahua (2019), Sonora
Sonora (), officially Estado Libre y Soberano de Sonora ( en, Free and Sovereign State of Sonora), is one of the 31 states which, along with Mexico City, comprise the Administrative divisions of Mexico, Federal Entities of Mexico. The state is d ...
(2020), Jalisco
Jalisco (, , ; Nahuatl: Xalixco), officially the Free and Sovereign State of Jalisco ( es, Estado Libre y Soberano de Jalisco ; Nahuatl: Tlahtohcayotl Xalixco), is one of the 31 states which, along with Mexico City, comprise the 32 Federal En ...
(2020), Quintana Roo
Quintana Roo ( , ), officially the Free and Sovereign State of Quintana Roo ( es, Estado Libre y Soberano de Quintana Roo), is one of the 31 states which, with Mexico City, constitute the 32 federal entities of Mexico. It is divided into 11 mu ...
(2020), Puebla
Puebla ( en, colony, settlement), officially Free and Sovereign State of Puebla ( es, Estado Libre y Soberano de Puebla), is one of the 32 states which comprise the Federal Entities of Mexico. It is divided into 217 municipalities and its cap ...
(2021), Baja California Sur
Baja California Sur (; 'South Lower California'), officially the Free and Sovereign State of Baja California Sur ( es, Estado Libre y Soberano de Baja California Sur), is the least populated state and the 31st admitted state of the 32 federal ent ...
(2021), the State of Mexico
The State of Mexico ( es, Estado de México; ), officially just Mexico ( es, México), is one of the 32 federal entities of the United Mexican States. Commonly known as Edomex (from ) to distinguish it from the name of the whole country, it is ...
(2021) Morelos
Morelos (), officially the Free and Sovereign State of Morelos ( es, Estado Libre y Soberano de Morelos), is one of the 32 states which comprise the Federal Entities of Mexico. It is divided into 36 municipalities and its capital city is Cuer ...
(2021), Baja California
Baja California (; 'Lower California'), officially the Free and Sovereign State of Baja California ( es, Estado Libre y Soberano de Baja California), is a state in Mexico. It is the northernmost and westernmost of the 32 federal entities of Mex ...
(2022), and Sinaloa
Sinaloa (), officially the Estado Libre y Soberano de Sinaloa ( en, Free and Sovereign State of Sinaloa), is one of the 31 states which, along with Mexico City, comprise the Administrative divisions of Mexico, Federal Entities of Mexico. It is d ...
(2022)
United States
As the United States is a federation, legal gender recognition laws vary from state to state. As of July 2021, 21 states (as well as the District of Columbia
)
, image_skyline =
, image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
) allow the gender marker on drivers licences to be updated on a self-declaration basis and as of April 2020, 10 states allow the gender marker on birth certificates to be updated on a self-declaration basis. At the federal level, since June 2021, the gender marker on passports operates on a system of gender self-identification.
Since 2010, Arkansas has allowed change of gender on state IDs "as requested, no questions asked, no documentation required."
In 2017, the California state legislature passed California's Gender Recognition Act (SB 179), removing the requirements for a physician's statement and mandatory court hearing for gender change petitions, allowing change based on an affidavit. The Act also implemented a third, non-binary gender marker on California birth certificates, drivers' licenses, and identity cards.
Uruguay
Since 2019, transgender people can self-identify their gender and update their legal name, without approval from a judge after the approval of the ''Comprehensive Law for Trans Persons'' ( es, Ley Integral Para Personas Trans). Sex reassignment surgery
Gender-affirming surgery (GAS) is a surgical procedure, or series of procedures, that alters a transgender or transsexual person's physical appearance and sexual characteristics to resemble those associated with their identified gender, and alle ...
, hormone therapy or any form of diagnosis are not requirements to alter one's gender on official documents.
Asia
India
In India, the Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
affirmed the right to self-determination in two 2014 cases.
The Transgender Persons (Protection of Rights) Act, 2019
The Transgender Persons (Protection of Rights) Act, 2019 is an act of the Parliament of India with the objective to provide for protection of rights of transgender people, their welfare, and other related matters. The act was introduced ...
recognizes the right to self-perceived gender identity, thus allowing transgender people to register themselves under a third gender (''transgender''). Applications must be made to the District Magistrate, who can issue a certificate of identity as a ''Transgender Person'' and update all documents (Section 5-6). However, identification as male or female can only be issued once proof of gender confirmation surgery
Gender-affirming surgery (GAS) is a surgical procedure, or series of procedures, that alters a transgender or transsexual person's physical appearance and sexual characteristics to resemble those associated with their identified gender, and alle ...
or medical intervention (Section 7).
The Transgender Persons (Protection of Rights) Rules, 2020, lays down a simpler procedure for obtaining an identity certificate from the district magistrate. In the present Rules, there is a single form to assert either a transgender or trans-binary status. However, a medical intervention is requisite for the latter. In November 2020, the Ministry of Social Justice and Empowerment
The Ministry of Social Justice and Empowerment is a Government of India ministry. It is responsible for welfare, social justice and empowerment of disadvantaged and marginalised sections of society, including scheduled castes (SC), Other Backwar ...
launched an online portal for changes of gender marker. In the new portal, applicants are required to register an affidavit self-declaring their third gender and subsequently receive a new identity card within 30 days.
Nepal
In 2007, in the '' Sunil Babu Pant and Others v. Nepal Government'' court case on LGBT+ rights, the Supreme Court of Nepal legally established a gender category called "other".[Supreme Court of Nepal. Apr. 2007]
Sunil Babu Pant and Others v. Nepal Government
The Supreme Court stated that the criteria for identifying one's gender is based on the individual's self-identification. However, gender recognition laws in Nepal have since faced criticism, as they only allows gender markers to be changed from "M" (male) or "F" (female) to "O" (other). There are no provisions allowing transgender women to have an "F" marker or transgender men having an "M" marker.
Pakistan
Under the ''Transgender Person (Protection of Rights) Act 2018'' ( ur, مُتَجَنَّس افراد کے لیے (تحفظ حقوق) قانون 2018ء), Pakistanis may choose to self-identify as male, female, both or neither. They may express their gender according to their own preferences, and they may have their gender identity of choice reflected on their documents, "including National Identification Cards, passports, driver's licenses and education certificates."
Europe
As of November 2022, nine countries have legal gender recognition procedures based on self-determination of the person: Belgium
Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to th ...
, Denmark
)
, song = ( en, "King Christian stood by the lofty mast")
, song_type = National and royal anthem
, image_map = EU-Denmark.svg
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Danish Realm, Kingdom of Denmark
...
, Iceland
Iceland ( is, Ísland; ) is a Nordic island country in the North Atlantic Ocean and in the Arctic Ocean. Iceland is the most sparsely populated country in Europe. Iceland's capital and largest city is Reykjavík, which (along with its s ...
, Ireland
Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
, Luxembourg
Luxembourg ( ; lb, Lëtzebuerg ; french: link=no, Luxembourg; german: link=no, Luxemburg), officially the Grand Duchy of Luxembourg, ; french: link=no, Grand-Duché de Luxembourg ; german: link=no, Großherzogtum Luxemburg is a small lan ...
, Malta
Malta ( , , ), officially the Republic of Malta ( mt, Repubblika ta' Malta ), is an island country in the Mediterranean Sea. It consists of an archipelago, between Italy and Libya, and is often considered a part of Southern Europe. It lies ...
, Norway
Norway, officially the Kingdom of Norway, is a Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of Jan Mayen and t ...
, Portugal
Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of ...
, Switzerland
). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
.[ In ]France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
and Greece
Greece,, or , romanized: ', officially the Hellenic Republic, is a country in Southeast Europe. It is situated on the southern tip of the Balkans, and is located at the crossroads of Europe, Asia, and Africa. Greece shares land borders with ...
a court permission is required.[
In 2014, ]Amnesty International
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
stated that "many transgender people in Europe continue to struggle to have their gender legally recognised" and that trans people "should be able to obtain legal gender recognition through quick, accessible and transparent procedures and in accordance with their own perceptions of gender identity."
Belgium
In 2017, the Belgian federal parliament passed a law allowing people to change their legal gender via statutory declaration, without any medical intervention being required. To do so, a person must first sign a statutory declaration in front of a civil officer and then wait three months before second statutory declaration confirming the change.
Cyprus
In 2019, a bill was drafted to allow transgender people to change their legal sex. The legislation would allow transgender people over 18 to right to change their legal gender on the basis of self-determination, without a diagnosis, hormonal treatment or sex reassignment surgery
Gender-affirming surgery (GAS) is a surgical procedure, or series of procedures, that alters a transgender or transsexual person's physical appearance and sexual characteristics to resemble those associated with their identified gender, and alle ...
. As of October 2021, the bill was still under draft status.
Germany
In June 2021, Germany
Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
's parliament voted down two self-identification bills. One of the bills also permitted sex reassignment surgery
Gender-affirming surgery (GAS) is a surgical procedure, or series of procedures, that alters a transgender or transsexual person's physical appearance and sexual characteristics to resemble those associated with their identified gender, and alle ...
on children starting at age 14 regardless of parental objection and would have introduced a fine of €2,500 for misgendering
Transphobia is a collection of ideas and phenomena that encompass a range of negative attitudes, feelings, or actions towards transgender people or transness in general. Transphobia can include fear, aversion, hatred, violence or anger tow ...
.[ Following the ]2021 German federal election
Federal elections in Germany, Federal elections were held in Germany on 26 September 2021 to elect the members of the List of members of the 20th Bundestag, 20th Bundestag. States of Germany, State elections in 2021 Berlin state election, Berli ...
, the new government, a traffic light coalition
In German politics, a traffic light coalition (german: Ampelkoalition) is a coalition government of the Social Democratic Party of Germany (SPD), the Free Democratic Party (FDP) and Alliance 90/The Greens. It is named after the parties' tra ...
led by the Social Democratic Party
The name Social Democratic Party or Social Democrats has been used by many political parties in various countries around the world. Such parties are most commonly aligned to social democracy as their political ideology.
Active parties
For ...
and with the Free Democratic Party and The Greens The Greens or Greens may refer to:
Current political parties
* Australian Greens, also known as ''The Greens''
* Greens of Andorra
* Greens of Bosnia and Herzegovina
* Greens of Burkina
* Greens (Greece)
* Greens of Montenegro
*Greens of Serbia
*G ...
, announced plans to introduce legal gender recognition via self-declaration as part of the coalition agreement. The government formally proposed a self-determination bill in June 2022.
Ireland
On 15 July 2015, the Oireachtas
The Oireachtas (, ), sometimes referred to as Oireachtas Éireann, is the Bicameralism, bicameral parliament of Republic of Ireland, Ireland. The Oireachtas consists of:
*The President of Ireland
*The bicameralism, two houses of the Oireachtas ...
passed the Gender Recognition Act of 2015 which permits an Irish citizen to change his or her gender on government documents through self-determination. The law does not require any medical intervention by the applicant nor an assessment by the state. Such changes are possible through self-determination for any person aged 18 or over who is ordinarily resident in Ireland and/or registered on Irish registers of birth or adoption. Persons aged 16 to 18 years must secure a court order to exempt them from the normal requirement to be at least 18.
In late-January 2018, over 1000 Irish feminists, including several groups such as the University College Dublin
University College Dublin (commonly referred to as UCD) ( ga, Coláiste na hOllscoile, Baile Átha Cliath) is a public research university in Dublin, Ireland, and a collegiate university, member institution of the National University of Ireland ...
Centre of Gender, Feminisms & Sexualities, signed an open letter condemning a planned meeting in Ireland on UK Gender Recognition Act reforms organised by a British group opposing the reforms. The letter stated that "Trans people and particularly trans women are an inextricable part of our feminist community" and accused the British group of colonialism.
Malta
Applicants can change their official documents by simply filing an affidavit with a notary, eliminating any requirement for medical gender reassignment procedures under the ''Gender Identity, Gender Expression And Sex Characteristics Act'' ( mt, Att dwar l-Identità tal-Ġeneru, l-Espressjoni tal-Ġeneru u l-Karatteristiċi tas-Sess), enacted in April 2015.
Nordic countries
In June 2014, the Danish Parliament voted 59–52 to remove the requirement of a mental disorder diagnosis and surgery with irreversible sterilization during the process of a legal sex change. Since 1 September 2014, Danes over 18 years of age who wish to apply for a legal sex change can do so by stating that they want to change their documentation, followed by a six-month-long "reflection period" to confirm the request.
On 18 March 2016, the Conservative
Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization i ...
-led Solberg Government in Norway introduced the Gender Recognition Act
The Gender Recognition Act 2004 is an act of the Parliament of the United Kingdom that allows people who have gender dysphoria to change their legal gender. It came into effect on 4 April 2005.
Operation of the law
The Gender Recognition Ac ...
which allows legal gender changes without psychiatric or psychological evaluation, diagnosis or medical intervention, by people aged at least 16. Minors aged between 6 and 16 may transition with parental consent. The bill was approved by a vote of 79–13 by Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
on 6 June, supported by the Conservative Party
The Conservative Party is a name used by many political parties around the world. These political parties are generally right-wing though their exact ideologies can range from center-right to far-right.
Political parties called The Conservative P ...
, the Labour Party, the Progress Party, the Liberal Party
The Liberal Party is any of many political parties around the world. The meaning of ''liberal'' varies around the world, ranging from liberal conservatism on the right to social liberalism on the left.
__TOC__ Active liberal parties
This is a li ...
, the Socialist Left Party and the Green Party
A green party is a formally organized political party based on the principles of green politics, such as social justice, environmentalism and nonviolence.
Greens believe that these issues are inherently related to one another as a foundation ...
. It was promulgated on 17 June and took effect on 1 July 2016. The act was hailed as an important milestone for LGBTIQ+ rights by LGBTIQ+ rights organizations such as the Norwegian Organisation for Sexual and Gender Diversity
The Norwegian Organisation for Sexual and Gender Diversity (Norwegian: ''FRI – foreningen for kjønns- og seksualitetsmangfold'') is the oldest, largest and preeminent Norwegian member organization representing the interests of gay, lesbian, bi ...
, by Amnesty International
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
and by the feminist movement, notably by the Norwegian Association for Women's Rights
The Norwegian Association for Women's Rights ( no, italic=no, Norsk Kvinnesaksforening; NKF) is Norway's oldest and preeminent women's and girls' rights organization and works "to promote gender equality and all women's and girls' human rights thr ...
.
In 2019, Iceland
Iceland ( is, Ísland; ) is a Nordic island country in the North Atlantic Ocean and in the Arctic Ocean. Iceland is the most sparsely populated country in Europe. Iceland's capital and largest city is Reykjavík, which (along with its s ...
ic Prime Minister Katrín Jakobsdóttir
Katrín Jakobsdóttir (; born 1 February 1976) is an Icelandic politician who has been serving as the prime minister of Iceland since 2017 and a member of the Althing for the Reykjavík North constituency since 2007.
A graduate of the Univers ...
proposed a bill to introduce gender recognition via statutory declaration in the country. The bill was passed by the Althing
The Alþingi (''general meeting'' in Icelandic, , anglicised as ' or ') is the supreme national parliament of Iceland. It is one of the oldest surviving parliaments in the world. The Althing was founded in 930 at ("thing fields" or "assembly ...
by a vote of 45–0, with three abstentions.
In 2015, the Löfven Government in Sweden introduced a bill allowing legal gender change without any form of psychiatric or psychological evaluation as well as removing the requirement of a diagnosis or any kind of medical intervention. However, the proposals than stagnated in early draft form for several years. In November 2021, the Swedish government announced that it had prepared a new draft bill that would implement self-determination by 2024. The Green Party
A green party is a formally organized political party based on the principles of green politics, such as social justice, environmentalism and nonviolence.
Greens believe that these issues are inherently related to one another as a foundation ...
said that they would vote in favour of the bill, while the Centre Party, Left Party, and Liberals expressed support for the bill. The Sweden Democrats
The Sweden Democrats ( sv , Sverigedemokraterna ; SD ) is a nationalist and right-wing populist political party in Sweden. As of 2022, it is the largest member of Sweden's right-wing governing bloc to which it provides confidence and supply, a ...
said they would oppose the bill, while the Moderate Party
The Moderate Party ( sv, Moderata samlingspartiet , ; M), commonly referred to as the Moderates ( ), is a liberal-conservative political party in Sweden. The party generally supports tax cuts, the free market, civil liberties and economic liber ...
and the Christian Democrats
__NOTOC__
Christian democratic parties are political parties that seek to apply Christian principles to public policy. The underlying Christian democracy movement emerged in 19th-century Europe, largely under the influence of Catholic social ...
said they would wait until the bill was formally tabled in Parliament to decide their position. A 2021 study by Sifo
Kantar Sifo, previously TNS Sifo and Sifo Research International, is a Swedish company operating in the field of opinion and social research.
Since 1967, Sifo has published its public opinion poll "Voter monitor" ( sv, Väljarbarometern) which a ...
and commissioned by RFSL
The Swedish Federation for Lesbian, Gay, Bisexual, Transgender and Queer Rights ( sv, Riksförbundet för homosexuellas, bisexuellas, transpersoners och queeras rättigheter, RFSL, formerly ) is a Swedish organization working for LGBT rights. Lawy ...
found that 61% of Swedes supported moving to a system of self-declaration, with 71% of women and 51% of men in support of the change.
A more recent poll by Fokus Novus however, showed a low support for selfID in Sweden. Only 15% of respondents were positive and among the most critical were parents of minors still living at home.
In 2021, a citizen's initiative to change the law on legal gender recognition in Finland to a basis of self-determination received 50,000 signatures and was referred to the Finnish Parliament's Committee on Social Affairs and Health. Finnish Prime Minister Sanna Marin
Sanna Mirella Marin (; born 16 November 1985) is a Finnish politician who has been serving as the Prime Minister of Finland since 2019. A member of the Social Democratic Party of Finland (SDP), she has been a Parliament of Finland, Member of Pa ...
had previously expressed support for moving to a self-determination system.
Portugal
In May 2016, the Left Bloc introduced a bill to allow legal gender change solely based on self-determination. Similar bills were introduced by the People–Animals–Nature
People–Animals–Nature ( pt, Pessoas-Animais-Natureza, PAN) is an environmentalist, animal rights and animal welfare focused political party in Portugal, founded in 2009. In 2015, they won one seat in the Assembly of the Republic. party and the Costa Government in November 2016 and May 2017, respectively. They were merged into one measure by a parliamentary committee and subsequently approved by the Parliament on 13 April 2018. However, President Marcelo Rebelo de Sousa
Marcelo Nuno Duarte Rebelo de Sousa (; born 12 December 1948) is a Portuguese politician and academic. He is the List of presidents of Portugal, 20th and current president of Portugal, since 9 March 2016. He is a member of the Social Democrati ...
vetoed the bill. Later in 2018, the Parliament adopted the bill with changes with regards to sex changes by minors aged 16 and 17, suggested by the President in his veto message. This time around, the President signed the bill on 31 July. It was published in the official journal on August 7, 2018 and took effect the next day on August 8.
Spain
In Spain
, image_flag = Bandera de España.svg
, image_coat = Escudo de España (mazonado).svg
, national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond")
, national_anthem = (English: "Royal March")
, i ...
, a draft bill for gender self-identification was moving forward, as a part of a political agreement between the Socialist Party
Socialist Party is the name of many different political parties around the world. All of these parties claim to uphold some form of socialism, though they may have very different interpretations of what "socialism" means. Statistically, most of th ...
and its junior coalition partner .[ It sets a minimum age of 14, though those 14 through 16 need parental approval.][ A previous bill giving children total freedom of legal gender recognition had been rejected in May.][ LGBTQ+ campaigners criticized the new bill for having age limits and for not having provision for non-Spanish residents and ]non-binary
Non-binary and genderqueer are umbrella terms for gender identities that are not solely male or femaleidentities that are outside the gender binary. Non-binary identities fall under the transgender umbrella, since non-binary people typically ...
identities. A collective of about 50 feminist groups opposed the bill, concerned about "protection of the specific rights against gender-based oppression".[
]
Switzerland
In May 2018, the Federal Council proposed amending Swiss legislation to allow transgender individuals to change their registered gender and first name(s) without "red tape
Red tape is an idiom referring to regulations or conformity to formal rules or standards which are claimed to be excessive, rigid or redundant, or to bureaucracy claimed to hinder or prevent action or decision-making. It is usually applied to g ...
", simply by making a declaration to civil status registry officials. In late 2020, the bill was passed by the Swiss Parliament, with all individuals over the age 16 allowed legal gender recognition via self-declaration from 1 January 2022.
United Kingdom
In Great Britain
Great Britain is an island in the North Atlantic Ocean off the northwest coast of continental Europe. With an area of , it is the largest of the British Isles, the largest European island and the ninth-largest island in the world. It is ...
(but not Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
), the Equality Act 2010
The Equality Act 2010 is an Act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-d ...
provides protection from discrimination under the protected characteristic of "gender re-assignment," which includes "any stage in the transition process – from proposing to reassign your gender, to undergoing a process to reassign your gender, or having completed it," This is not equivalent to gender self identification and allows providers of sex-segregated services to deny access to transgender people on a case-by-case basis of "a proportionate means of achieving a legitimate aim".
In 2016, the House of Commons
The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
' Women and Equalities Committee
The Women and Equalities Committee is a select committee of the House of Commons in the Parliament of the United Kingdom. It was established following the 2015 general election to examine the expenditure, administration and policy of the Governm ...
issued a report recommending that the Gender Recognition Act 2004
The Gender Recognition Act 2004 is an act of the Parliament of the United Kingdom that allows people who have gender dysphoria to change their legal gender. It came into effect on 4 April 2005.
Operation of the law
The Gender Recognition Act ...
be updated "in line with the principles of gender self-declaration". Later in 2016, in England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
, a proposal was developed under Theresa May
Theresa Mary May, Lady May (; née Brasier; born 1 October 1956) is a British politician who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 2016 to 2019. She previously served in David Cameron's cab ...
's government to revise the Act to introduce self-identification, but it was dropped in 2020 after opposition. Instead, Boris Johnson's government reduced the cost of application to £5, and the procedure to apply was moved online.
In 2018, a YouGov
YouGov is a British international Internet-based market research and data analytics firm, headquartered in the UK, with operations in Europe, North America, the Middle East and Asia-Pacific. In 2007, it acquired US company Polimetrix, and sinc ...
poll for PinkNews
''PinkNews'' is a UK-based online newspaper marketed to the lesbian, gay, bisexual and transgender community (LGBT) in the UK and worldwide. It was founded by Benjamin Cohen in 2005.
It closely follows political progress on LGBT rights aro ...
of 1688 people across the United Kingdom found that 18% favoured self-identification, 58% said medical approval was needed, with the remainder undecided.
A 2018 government consultation received 102,833 submissions from the public; of these, 39% were submitted via an online form set up by equality charity Stonewall, 7% via a form set up by feminist organisation Level Up, and 18% from a form set up by women's campaign group Fair Play for Women
The decennial 2021 censuses of England and Wales and of Northern Ireland took place on 21 March 2021, and the census of Scotland took place on 20 March 2022. The censuses were administered by the Office for National Statistics (ONS) in England an ...
. Out of these submissions, 64% said that there should not be a requirement for a diagnosis of gender dysphoria, 80% were in favour of removing the requirement for a medical report, and 77% were in favour of removing the requirement for people to evidence living "in their acquired gender for a period of time".
In 2020, Human Rights Watch
Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
called for the British government to "uphold the United Kingdom’s human rights obligations by reforming the Gender Recognition Act (GRA) to allow for self-identification and recognition of transgender and non-binary people."
In March 2021, the Welsh government's Independent LGBTQ+ Expert Panel called for the British government to reform the Act "in accordance with the principle of self-determination." Later in 2021, the Welsh government called for "devolution of as many aspects as possible of the Gender Recognition Act." In Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
, where legal gender recognition is devolved, the government was moving forward with self-identification legislation that would also reduce the minimum age for applicants from 18 to 16.
In 2021, a Survation poll for policy analysts Murray Blackburn Mackenzie of 1028 people in Scotland found that 27% favoured self-identification, 53% said medical approval was needed, and the remaining 20% were undecided.
In December 2021, a Panelbase poll for gender-critical group For Women Scotland of 1041 adults in Scotland found that 29% support self-identification, as proposed by the Scottish government, while 71% oppose.
On 22 December 2022, the Scottish Parliament
The Scottish Parliament ( gd, Pàrlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyro ...
passed the Gender Recognition Reform Bill by a margin of 86 votes for and 39 votes against. This bill currently awaits royal assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...
, but it has been reported that this might be blocked by the UK government on constitutional grounds, and concerns about the effect the change may have on the rest of the UK.
Oceania
Australia
In Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
, Tasmania implemented self-declaration in 2019. In 2020, the Tasmania Law Reform Institute completed an investigation of the law's impact that "uncovered no evidence that allowing people to change their officially recorded gender would have any unforeseen legal consequences." Later in 2019, the Parliament of Victoria introduced a law that abolished the sex reassignment surgery
Gender-affirming surgery (GAS) is a surgical procedure, or series of procedures, that alters a transgender or transsexual person's physical appearance and sexual characteristics to resemble those associated with their identified gender, and alle ...
requirement for legal gender change and allows applicants to self-nominate the sex listed on their birth registration as male, female, or any other gender diverse or non-binary descriptor of their choice.
New Zealand
In New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
, gender markers on passports and drivers licences have worked on a self-declaration basis since 2012. In November 2017, the New Zealand Parliament
The New Zealand Parliament ( mi, Pāremata Aotearoa) is the unicameral legislature of New Zealand, consisting of the King of New Zealand ( King-in-Parliament) and the New Zealand House of Representatives. The King is usually represented by h ...
introduced the Births, Deaths, Marriages, and Relationships Registration Bill to allow people to change the sex on their birth certificates on a self-declaration basis as well. The bill passed its first reading in December 2017 and passed its second reading in August 2021. The bill was unanimously approved by Parliament on its third reading and will come into effect in 2023. The Human Rights Commission
A human rights commission, also known as a human relations commission, is a body set up to investigate, promote or protect human rights.
The term may refer to international, national or subnational bodies set up for this purpose, such as nationa ...
has supported the bill, stating that it would "ultimately help reduce discrimination." The bill has also been supported by the Māori Women's Welfare League and the .
Academic research
A 2019 paper in '''' said that several studies have found that legal gender recognition frameworks based on pathologization can have negative effects on transgender and intersex individuals. A 2018 study in BMC International Health and Human Rights
BioMed Central (BMC) is a United Kingdom-based, for-profit scientific open access publisher that produces over 250 scientific journals. All its journals are published online only. BioMed Central describes itself as the first and largest open ...
said that "in most countries where transgender people are refused legal recognition of their gender identity, this might lead to further human rights violations, impacting their access to education, employment, healthcare, social security, and legal protection" and that "many countries that do permit the modification of gender markers on identity documents impose abusive requirements, such as forced or otherwise involuntary surgery, medical diagnosis, long, costly and complicated judicial procedures." A 2017 study in Critical Social Policy said that "legal requirements based upon trans-related diagnoses pose a risk of reintroducing surgical and hormonal practices through the back door. Moreover, these diagnoses act as gatekeeper to other healthcare services and citizenship rights." Sex/gender self-determination is now in international public consciousness due to numerous media commentaries, governmental debates and the corresponding and relatively fast-paced shifts in legal and policy constructions regarding trans, sex/gender expansive, and intersex people in law and medicine
A 2020 study from the University of Bristol found that "being able to change gender legally without having to rely on medical diagnosis and treatment would make older age a much more positive experience for many trans individuals seeking to transition in later life." A 2021 study in Labour Economics found that removal of surgical requirements for legal gender recognition "is associated with an increase in the employment rate of FtM transgender people of around 9 to 20%."
Several researchers have also found that self-identification laws will not necessarily address all issues faced by trans people by themselves, especially if such laws restrict legal gender to a binary or are not accompanied by other reforms, such as in healthcare. A 2018 article from Chris Dietz of the University of Leeds
, mottoeng = And knowledge will be increased
, established = 1831 – Leeds School of Medicine1874 – Yorkshire College of Science1884 - Yorkshire College1887 – affiliated to the federal Victoria University1904 – University of Leeds
, ...
on the legal gender recognition system in Denmark found that "recognition may be practically inaccessible in the absence of corresponding health care provision" and that "positivity around the law was mitigated by contemporaneous reforms taking place in the Danish health care system" which had the effect of certifying "a de facto monopoly for authorising rans healthcaretreatments at the Sexological Clinic (Sexologisk Klinik) of the National Hospital (Rigshospitalet) in Copenhagen".
Research has also found that legal gender recognition laws based on self-declaration do not necessarily, by themselves, guarantee access to proper identity documentation. A 2014 study on the Argentinian law found that "uptake of this right has not been homogenous," in particular that "foreign born status was a strong negative correlate of new ID acquisition," on top of other challenges faced by immigrants in the country. A 2021 paper in the Journal of Human Rights
The ''Journal of Human Rights'' is a quarterly peer-reviewed academic journal covering human rights studies and practices, and natural and legal rights in context of national and international law, and international relations. It is published by ...
said that "trans activists in India argue that many authorities claim ignorance of the process, denying and rejecting transgender persons’ applications for identity documents with the justification that they do not know the procedures around providing IDs to persons of 'their gender.'"
A 2020 paper in the Modern Law Review
The ''Modern Law Review'' is a peer-reviewed academic journal published by John Wiley & Sons on behalf of Modern Law Review Ltd. and which has traditionally maintained close academic ties with the Law Department of the London School of Economics. ...
about the proposed reforms to the UK's Gender Recognition act argued that the reforms would not erode the existing exemptions in the 2010 Equality Act permitting a reliance on sex instead of gender identity, and that, based on existing research, they would "not lead to a significant increase in harms to non-trans women." A 2017 paper from Peter Dunne of Trinity College Dublin said that "there is also little (if any) support for the idea that trans protections facilitate cisgender predators who feign a trans identity to perpetrate assaults in women-only space. In reality, concerns over the supposed threat of trans identities often reveal lingering anti-trans prejudice, reproducing historic tropes about the ‘deviant’, ‘deceptive’ or ‘unstable’ trans individual." A 2018 study, from the Williams Institute
The Williams Institute on Sexual Orientation and Gender Identity Law and Public Policy, usually shortened to Williams Institute, is a public policy research institute based at the UCLA School of Law focused on sexual orientation and gender ident ...
in the United States, found that passing non-discrimination laws based on self-declared gender identity "is not related to the number or frequency of criminal incidents" in public spaces such as toilets and changing rooms and that "fears of increased safety and privacy violations as a result of nondiscrimination laws are not empirically grounded."
See also
* Feminist views on transgender topics
Feminist views on transgender topics vary widely. Third-wave feminists and fourth-wave feminists tend to view the struggle for trans rights as an integral part of intersectional feminism. Former president of the American National Organization f ...
* Legal status of transgender people
A transgender person is someone whose gender identity is inconsistent or not culturally associated with the sex they were assigned at birth and also with the gender role that is associated with that sex. They may have, or may intend to establi ...
* Transgender people in sports
The participation of transgender people in competitive sports, a traditionally sex-segregated institution, is a controversial issue, particularly the inclusion of transgender women and girls in women's sports.
Opponents argue that transgender ...
References
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Feminism and transgender
Gender and society
Transgender rights